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CC RES 1994-058RESOLUTION NO. 94 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DENYING THE APPEAL OF A DANGEROUS DOG DETERMINATION REGARDING THE DOG KEPT AT 6878 CREST ROAD (CITY LICENSE NO, 2316) AND ORDERING THAT THE ANIMAL BE REMOVED FROM THE CITY OR IMPOUNDED THE CITY COUNCIL OF THE CITY OF RANCHO PALOS, CALIFORNIA, DOES HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. On June 8, 1994, the City Manager conducted a Dangerous Dog hearing at City Hall pursuant to Rancho Palos Verdes Municipal Code Section 6.08.150. Proper written notice of the hearing, which was originally scheduled to occur on June 6, 1994 was provided as required by the Code to the owner and to the person to whom the dog was licensed, and to the person or persons harboring the dog. The hearing date was continued once at the dog owner's request, and written and telephonic notice of the continuance was again provided to the proper parties. Section 2. The hearing on June 8, 1994 was attended by Stathis Potamitis and Mario Potamitis, on behalf of the dog owner and persons harboring the dog; Michael Hersch and Ozra Daie, the persons who had been attacked by the dog, and Sgt. Tori Matthews from the Society for the Prevention of Cruelty to Animals (11SPCA11) . Assistant City Attorney Craig Steele presented the case on behalf of the SPCA. All witnesses testified under oath, and documentary evidence was introduced into the record. Section 3. By letter dated June 13, 1994, based on the evidence presented at the hearing, the City Manager determined that the dog "can exhibit vicious and /or dangerous behavior at unpredictable times and is apt to bite or injure any person without cause ". On that basis, the City Manager ordered that the dog be removed from the City limits of the City of Rancho Palos Verdes within ten (10) days from the date of the decision. If the dog was not removed within that time, the City Manager ordered that the SPCA impound the dog. By letter dated June 17, 1994, the dog owner's attorney appealed that decision in writing to the City Council. Section 4. The City Council held a properly noticed hearing on the appeal on August 2, 1994 at 6:30 p .m. The record of that hearing indicates the following: 10 The dog owner and persons harboring the dog were represented at the hearing by-counsel, Matthew Kundinger, Esq. 2. The evidence is unconverted that the dog, Zeus, (City License No. 2316) which is kept at 6878 Crest Road in the City of Rancho Palos Verdes, has attacked and bitten two individuals in separate unrelated and unprovoked incidents. One attack occurred on the private property of a victim and the other attack occurred in the parking lot of a local grocery store. Neither attack occurred on the property of the dog's owner. 39 On April 1, 1994, Zeus escaped from the yard in which he normally is kept at 6878 Crest Road, attacked and bit Mr. Michael Hersch while Mr. Hersch was standing in his own driveway. There was no testimony or evidence that Mr. Hersch had made any aggressive moves at the time toward the dog or any member of the Potamitis family. Mr. Hersch was injured and required medical attention. 4. Notwithstanding the first attack, on May 29, 19 9 4 , the dog bit Ms. Ozra Daie in the parking lot at local grocery store. At the time of the second attack, the dog was on a leash and in control of a minor. The evidence established that the attack occurred during the dog's nightly walk through the neighborhood in the company of the dog owner's minor son. Again, there was no evidence that the attack was provoked by any aggressive behavior by Ms. Daie, Ms. Daie was injured and required medical attention. 5. Testimony presented by the SPCA indicates that the dog's behavior is not normal or acceptable for a doberman. Although it may be considered acceptable to teach a dog to demonstrate aggressive behavior upon command as a means of protection, it is unacceptable that this type of aggressive behavior be exhibited when no command has been given and when no other reasonable demonstrated cause for the behavior has occurred. 6. The dog has exhibited, and continues to exhibit, aggressive tendencies by barking, growling and snarling at neighbors while it is kept in the backyard at 6878 Crest Road. In addition, the evidence indicates that the dog has exhibited aggressive behavior while on normal walks in the neighborhood, accompanied by a minor. 7. The evidence indicates that the dog owner apparently does not appreciate the seriousness of the dog's behavior. After the first attack on Mr. Hersch, the dog owner continued to allow the dog to be walked in public places in the control of a minor, and to be kept in a manner that threatens persons in close proximity to the dog. The dog continues to be kept in the back yard from which it escaped to attack Mr. Hersch. This conduct shows little recognition of the dangerous tendencies of the dog and for the additional controls necessary to guarantee the safety of those with whom the dog comes in contact. Section 5. Based upon the evidence presented, the City Council hereby finds that, pursuant to Rancho Palos Verdes Municipal Code Section 6.08.150, the dog, Zeus, is vicious, dangerous or apt to bite or injure any person, and is kept in a manner as to constitute 940801 R6876 -00001 cas 1200832 (1) - 2 - RESOL . NO, 94-58 a malice or threat to any,person in a.public place or lawfully in a private place other than the property of the dog owner. Based upon that finding, the City Council denies the appeal of the City Manager's determination and order. The dog must be removed permanently from the City limits of the City of Rancho Palos Verdes not later than five (5) days from the date of this decision. The SPCA is hereby ordered to inspect the property at 6878 Crest Road after the expiration of five (5) days from the date of this order to verify compliance. If the dog has not been removed from the City within that time, the SPCA is hereby ordered to immediately impound the dog, and to dispose of the dog in its discretion including, if necessary, euthanasia. PASSED, APPROVED and ADOPTED this 2nd day of August, 1994. ATTEST: CITY CLERK S TE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES I" JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 94 -58 was duly and regularly passed and adopted by the said City at a regular adjourned meeting thereof held on August 2, 1994. CITY CLERK, CXWY OF RANCHO PALOS VERDES 940801 R6876 -00001 cas 1200832 (1) - 3 - RESOL . NO. 94-58